Den Ex Dem. Harrell v. Hoskins
Supreme Court of North Carolina
Ejectment, in which the following facts were submitted, as a case agreed, to Peakson, Judge, at Gates, on the last Circuit.
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Ejectment, in which the following facts were submitted, as a case agreed, to Peakson, Judge, at Gates, on the last Circuit. William Gatling the elder died in the year 1809, having first made his will, which was duly proved, in which, after the common recital of an intention to dispose of all his “ goods and estate,” he proceeded as follows: “I lend unto my son William Gatling my sand bank “ land, and the land which I bought of, &c., and also all “ my land that I have not lent and given away, during his “ natural life. I also lend unto my son William Gatling “ the following negroes, viz., &c.,…
1Opinion of the Court
Gaston, Judge.
We collect from the transcript in this case, that a general verdict was rendered for the plaintiff, subject to the opinion of the Court, upon a case agreed, as to the legal construction of the will of William Gatling the elder. If under that will William Gatling the younger took a fee simple in the lands in controversy, it was agreed that judgment should be rendered for the defendant; if he took an estate for life with a contingent limitation thereafter to his children, and the ulterior estafe of the testator descended to the testator’s heirs at law, the plaintiff was to have…
2Cited by7 opinions
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- Ferguson v. . FergusonSupreme Court of North Carolina · 1945
- Foil v. Newsome.Supreme Court of North Carolina · 1905
- Hinzie v. HinzieCourt of Appeals of Texas · 1907
- Feeguson v. FeegusonSupreme Court of North Carolina · 1945
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